Agenda and minutes

In accordance with the Council's Code of Conduct, councillors are reminded that it is a requirement to declare interests where appropriate.

The following disclosures of interests were made:

To approve as a correct record the minutes of the Governance Committee held on 24 January 2023.

The minutes of the meeting of the Governance Committee held on 24 January 2023 were approved as a correct record and signed by the Chair, subject to the following amendment to Minute 4. Polling Arrangements: May 2023: that within the first paragraph on page 6, where its statespolling district LLB (Broadfield Ward),that it be changed to read polling district LBB (Broadfield Ward).

The Democracy and Data Manager provided the Committee with an update from the minutes of the previous meeting. It was confirmed that the polling place at Creasys Drive would be a temporary structure such as a portacabin. This was because the former adventure playground site had been vandalised and damaged again. The Committee was also informed that, following further information from the Government, its request for a report containing the “number of electors who had been refused a ballot paper at the May 2023 election due to insufficient/unacceptable ID,” would not be possible. This information is only to be shared with Secretary of State and the Electoral Commission and could not be subject to a Freedom of Information request. 

In response, the Committee requested that the Returning Officer be asked if the Council’s election staff could independently collect data on the effectiveness of the Voter ID process.

To answer any questions asked by the public which relate to an item on this agenda and which are in line with the Council’s Constitution.

Public Question Time will be concluded by the Chair when all questions have been answered or on the expiry of a period of 15 minutes, whichever is the earlier.

No questions were asked by the public.

To consider report LDS/197 of the Head of Governance, People & Performance.

The Committee considered report LDS/197 of the Head of Governance, People & Performance which considered whether any amendments were required to the Constitution. The Democracy and Data Service Manager guided the Committee through each of the four sections of the report, where proposed changes to the Constitution were put forward for the Committee’s consideration. The Committee held individual debates and votes on each section.

Appointment of Independent Member(s) to the Audit Committee

The proposal sought the Committee’s view on the CIPFA advice that local authorities’ Audit Committees should have Independent Member(s) with a ‘financial background’, co-opted on to the Audit Committee to help provide a critical friend/challenge. It was noted that the views of current Audit Committee members were sought and they were in support of the proposal.

During the debate Members commented they were in collectively support of the proposal but felt that any co-opted member to any Committee should not be able to be appointed to either a Chair or Vice Chair position, especially as they would not have voting rights.

Clarification was sought as to the recruitment process for the proposed Independent Member(s) to the Audit Committee. It was confirmed that the proposal would mirror the approach used to recruit and appoint the Council’s Independent Person(s), including interviews with senior officers and then the proposed candidates being cleared by both Group Leaders prior to being put forward to Full Council for appointment. The Committee confirmed their support for this route.

RESOLVED

a)            That the Full Council be recommended that an independent member be co-opted as a non-voting member to the Audit Committee as of the 2023/24 municipal year, with the independent member being unable to hold the position of either the Chair or Vice Chair of the Audit Committee.

b)            That the recruitment process be delegated to the Head of Governance, People & Performance in consultation with the Section 151 Officer and the Chief Executive, with the proposed co-optee nominee being brought to Full Council for final appointment.

Allocation of Chairs and Vice Chair of Committees

The Committee considered Section 6 of the report which detailed the allocation table contained within the Constitution that set out how Chairs and Vice Chairs of Committees would be allocated. The allocation process was brought back to the Committee to be reviewed after it had been in place for two years following adoption, on request of the Chair of the Governance Committee.

The Committee held a long and vociferous debate over the current Allocation of Chairs and Vice Chair of Committees protocol during which Councillor Pritchard tabled a proposed revision to the protocol, which was seconded by Councillor Y Khan.

The Committee was split between support for the current existing arrangements and those Councillors supporting the tabled revision. Those that spoke in support of the status quo and against the tabled revision made comments including:

·         The current table allocation took the politics out of the allocation and was based on a scientific approach i.e. determined by on the number of seats each party  ...  view the full minutes text for item 4.

There have been three cases, during the period since the last report, where items have been protected from the Call-In Procedure on the grounds of urgency as provided for in Call-In Procedure Rule 8.

In line with the Urgency provisions set out in paragraph 16 of the Access to Information Procedure Rules within the Constitution, the decisions set out in report LDS/196 of the Head of Governance, People & Performance were Protected from Call-In (under Call-In Procedure Rule 8 of the Constitution) by the Chief Executive (as Head of Paid Service) due to their urgent nature.

Due to the circumstances surrounding the Protections from Call-In it is not deemed necessary to change the provisions at this stage.

Recommendation

That no change to the provisions relating to Call-In and Urgency be made.

The Committee was advised that there had been three cases, Covid-19 Additional Relief Fund (CARF) – Revised, Council Tax Government Discretionary ‘Energy Rebate’ Scheme – Revised and Warn Hubs respectively, since the last report, where items have been protected from the Call-In Procedure on the grounds of urgency as provided for in Call-In Procedure Rule 8.  Details of those decisions protected from Call-In were set out in report LDS/196 of the Head of Governance, People & Performance.

RESOLVED

That no change to the provisions relating to Call-In and Urgency be made.